How to Get a Patent On Your Own
Thousands of inventors have successfully obtained patents without hiring lawyers. Here's how.
Do you need to hire a lawyer to apply for a patent? Let's say you've got an invention -- a product or technology that would fill a need or solve a problem. But you have more imagination than money, and a patent attorney wants $7,500 to file a patent application for you. Must your invention gather dust in the garage or can you apply for a patent yourself, without relying on a patent attorney?
Filing a Patent Without an Attorney
Thousands of inventors have successfully navigated the patent system on their own. In fact, federal law requires patent examiners at the U.S. Patent and Trademark Office (USPTO) to help individual inventors who apply for patents without a lawyer's help.
To obtain a patent, you need to make sure your invention qualifies for a patent and you need to be able to describe all aspects of your invention. These aren't "legal" skills, and learning them is no different than learning any other skill, whether it's auto repair, deck installation or gourmet cooking. Some steps are easy, others are more difficult. But by taking the process one step at a time, you can acquire a patent.
Steps to Filing a Patent Application
Here's a quick look at the basic steps you need to take before filing a patent application. Nothing about the process requires a lawyer -- there's no court, no judge, no "legal" research. The USPTO has specific rules, but you can follow them just as you would a recipe in a cookbook.
1. Keep a careful record of your invention. Record every step of the invention process in a notebook. Describe and diagram every aspect and every modification of the invention, including how you came up with the idea for it. Depending on the invention, you may also need to build and test a prototype. Document all of these efforts. Sign and date each entry and have two reliable witnesses sign as well.
2. Make sure your invention qualifies for patent protection. You cannot get a patent just on an idea. You must show how your invention works and your invention must be new. This means it must be different in some important way from all previous inventions. It also cannot be for sale or be known about for more than a year before you apply for a patent. To learn more, see Qualifying for a Patent FAQ.
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